7 U.S.C. § 671 — Arbitration of disputes concerning milk

Page 514 TITLE 7—AGRICULTURE §§ 641 to 659 Editorial Notes CODIFICATION Another section 23 of act May 12, 1933 amended former section 781 of Title 12, Banks and Banking. SUBCHAPTER IV—REFUNDS Statutory Notes and Related Subsidiaries APPROPRIATIONS FOR REFUNDS AND PAYMENTS OF PROCESSING AND RELATED TAXES AND LIMITATIONS THEREON Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, § 1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, § 1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title I, § 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, § 1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, title I, § 1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574. §§ 641 to 659. Omitted Editorial Notes CODIFICATION Section 641, act June 22, 1936, ch. 690, § 601, 49 Stat. 1739, related to refunds in cases where exports, deliv- eries for charitable distribution or use, manufacture of large cotton bags, or the decrease in rate of processing tax took place prior to January 6, 1936, specified per- sons entitled to refunds, and filing and determination of claims. Section 642, acts June 22, 1936, ch. 690, § 602, 49 Stat. 1740; Aug. 10, 1939, ch. 666, title IX, § 911, 53 Stat. 1402, specified amount of refunds on articles processed whol- ly or in chief value from a commodity subject to proc- essing tax, defined certain terms, prohibited payments with respect to retail floor stocks with some excep- tions, and made final determinations of Commissioner of Internal Revenue with respect to such payments. Section 643, act June 22, 1936, ch. 690, § 603, 49 Stat. 1742, made applicable proclamations, certificates, and regulations of this chapter for purpose of determining amount of refunds or payments authorized by sections 641 and 642. Section 644, acts June 22, 1936, ch. 690, § 902, 49 Stat. 1747; Oct. 21, 1942, ch. 619, title V, §§ 504(a), (c), 510(e), 56 Stat. 957, 968, conditioned allowance of refunds on a showing by claimant that he bore burden of tax or that he repaid such amount unconditionally to his vendee. Section 645, acts June 22, 1936, ch. 690, § 903, 49 Stat. 1747; June 29, 1939, ch. 247, title IV, § 405, 53 Stat. 884, prohibited refunds except where claims were filed after June 22, 1936, and prior to January 1, 1940, and provided for regulations relating to filing of such claims. Section 646, act June 22, 1936, ch. 690, § 904, 49 Stat. 1747, provided that no action could be brought before expiration of eighteen months from date of filing of a claim, or after expiration of two years from date of mailing to claimant of a notice disallowing the claim. Section 647, act June 22, 1936, ch. 690, § 905, 49 Stat. 1748, provided for District Courts of the United States to have concurrent jurisdiction with Court of Claims or refund cases regardless of amount in controversy. Section 648, acts June 22, 1936, ch. 690, § 906, 49 Stat. 1748; Oct. 21, 1942, ch. 619, title V, §§ 504(a), (c), 510(b), (f)(1), (g)–(j), 56 Stat. 957, 967; June 25, 1948, ch. 646, § 32, 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107, re- lated to procedure on claims for refunds of processing taxes, review of actions of Commissioner of Internal Revenue by Tax Court, and review of Tax Court deci- sions by Courts of Appeals. Section 649, act June 22, 1936, ch. 690, § 907, 49 Stat. 1751, related to evidence and presumptions. Section 650, act June 22, 1936, ch. 690, § 908, 49 Stat. 1753, placed limitations on allowance of claims and in- terest. Section 651, act June 22, 1936, ch. 690, § 909, 49 Stat. 1753, provided that, in absence of fraud or mistake, findings of fact and conclusions of law of Commissioner was conclusive on any other administrative or account- ing officer. Section 652, act June 22, 1936, ch. 690, § 910, 49 Stat. 1753, related to liability of collectors. Section 653, act June 22, 1936, ch. 690, § 911, 49 Stat. 1753, made provisions of former sections 644–659 of this title inapplicable to certain refunds. Section 654, act June 22, 1936, ch. 690, § 912, 49 Stat. 1754, provided that suits or proceedings, and claims barred on June 22, 1936, shall remain barred. Section 655, act June 22, 1936, ch. 690, § 913, 49 Stat. 1754, defined ‘‘tax’’, ‘‘processing tax,’’ ‘‘commodity’’, ‘‘article’’, ‘‘refund’’, and ‘‘Agricultural Adjustment Act’’. Section 656, act June 22, 1936, ch. 690, § 914, 49 Stat. 1754, related to authority of Commissioner of Internal Revenue. Section 657, act June 22, 1936, ch. 690, § 915, 49 Stat. 1755, relating to salaries and administrative expenses, made funds available until June 30, 1937, and was not extended. Section 658, act June 22, 1936, ch. 690, § 916, 49 Stat. 1755, provided that Commissioner of Internal Revenue, with approval of Secretary of Agriculture, prescribe rules and regulations for carrying out provisions of sec- tions 644 to 659 of this title. Section 659, act June 22, 1936, ch. 690, § 917, 49 Stat. 1755, related to personnel. CHAPTER 26A—AGRICULTURAL MARKETING AGREEMENTS Sec. 671. Arbitration of disputes concerning milk. 672. Agreements; licenses, regulations, programs, etc., unaffected. 673. Taxes under Agricultural Adjustment Act; laws unaffected. 674. Short title. § 671. Arbitration of disputes concerning milk (a) Application The Secretary of Agriculture, or such officer or employee of the Department of Agriculture as may be designated by him, upon written applica- tion of any cooperative association, incor- porated or otherwise, which is in good faith owned or controlled by producers or organiza- tions thereof, of milk or its products, and which is bona fide engaged in collective processing or preparing for market or handling or marketing (in the current of interstate or foreign com- merce, as defined by section 610(j) of this title), milk or its products, may mediate and, with the consent of all parties, shall arbitrate if the Sec- retary has reason to believe that the declared policy of the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], as amended, would be effec- tuated thereby, bona fide disputes, between such associations and the purchasers or handlers or processors or distributors of milk or its prod- ucts, as to terms and conditions of the sale of milk or its products. The power to arbitrate under this section shall apply only to such sub- jects of the term or condition in dispute as could be regulated under the provisions of the Agricul- tural Adjustment Act, as amended, relating to orders for milk and its products. (b) Conduct of meetings Meetings held pursuant to this section shall be conducted subject to such rules and regulations as the Secretary may prescribe. Page 515 TITLE 7—AGRICULTURE §§ 701 to 723 (c) Approval of award No award or agreement resulting from any such arbitration or mediation shall be effective unless and until approved by the Secretary of Agriculture, or such officer or employee of the Department of Agriculture as may be designated by him, and shall not be approved if it permits any unlawful trade practice or any unfair meth- od of competition. (d) Exemption from antitrust laws No meeting so held and no award or agreement so approved shall be deemed to be in violation of any of the antitrust laws of the United States. (June 3, 1937, ch. 296, § 3, 50 Stat. 248.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act, referred to in sub- sec. (a), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. § 672. Agreements; licenses, regulations, pro- grams, etc., unaffected (a) Nothing in this Act shall be construed as invalidating any marketing agreement, license, or order, or any regulation relating to, or any provision of, or any act of the Secretary of Agri- culture in connection with, any such agreement, license, or order which has been executed, issued, approved, or done under the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], or any amendment thereof, but such marketing agree- ments, licenses, orders, regulations, provisions, and acts are expressly ratified, legalized, and confirmed. (b) Any program in effect under the Agricul- tural Adjustment Act [7 U.S.C. 601 et seq.], as re- enacted and amended by this Act, on January 1, 1950, shall continue in effect without the neces- sity for any amendatory action relative to such program, but any such program shall be contin- ued in operation by the Secretary of Agriculture only to establish and maintain such orderly marketing conditions as will tend to effectuate the declared purpose set out in section 2 or 8c(18) of the Agricultural Adjustment Act [7 U.S.C. 602 or 608c(18)], as reenacted and amended by this Act. (June 3, 1937, ch. 296, § 4, 50 Stat. 249; July 3, 1948, ch. 827, title III, § 302(e), 62 Stat. 1258.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 3, 1937, ch. 296, 50 Stat. 246, known as the Agricultural Marketing Agreement Act of 1937. For complete classification of this Act to the Code, see Tables. The Agricultural Adjustment Act, referred to in text, is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. AMENDMENTS 1948—Act July 3, 1948, designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title. § 673. Taxes under Agricultural Adjustment Act; laws unaffected No processing taxes or compensating taxes shall be levied or collected under the Agricul- tural Adjustment Act [7 U.S.C. 601 et seq.], as amended. Except as provided in the preceding sentence, nothing in this Act shall be construed as affecting provisions of the Agricultural Ad- justment Act, as amended, other than those enu- merated in section 1 of Act of June 3, 1937, ch. 296, 50 Stat. 246. The provisions so enumerated shall apply in accordance with their terms (as amended by this Act) to the provisions of the Agricultural Adjustment Act, this Act, and other provisions of law to which they have been heretofore made applicable. (June 3, 1937, ch. 296, § 5, 50 Stat. 249.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act, referred to in text, is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. This Act, referred to in text, is act June 3, 1937, ch. 296, 50 Stat. 246, known as the Agricultural Marketing Agreement Act of 1937. For complete classification of this Act to the Code, see Tables. Section 1 of act June 3, 1937, ch. 296, 50 Stat. 246, re- ferred to in text, amended sections 601, 602, 608a, 608b, 608c, 608d, 608e, 610, 612, 614, and 624 of this title. § 674. Short title This Act may be cited as the ‘‘Agricultural Marketing Agreement Act of 1937’’. (June 3, 1937, ch. 296, § 6, 50 Stat. 249.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 3, 1937, ch. 296, 50 Stat. 246, which among other things enacted this chapter. For complete classification of this Act to the Code, see Tables. CHAPTER 27—COTTON MARKETING §§ 701 to 723. Repealed. Feb. 10, 1936, ch. 42, 49 Stat. 1106 Sections, acts Apr. 21, 1934, ch. 157, §§ 1–2, 48 Stat. 598–606; Aug. 9, 1935, ch. 504, 49 Stat. 570; Aug. 24, 1935, ch. 641, §§ 39(a)–(e), 40–42, 49 Stat. 777, 778, related to placing of cotton industry on a sound commercial basis, to preventing unfair competition and practices in putting cotton into channels of interstate and foreign commerce and to providing funds for paying additional benefits under the Agricultural Adjustment Act. Statutory Notes and Related Subsidiaries COLLECTION OF UNPAID TAXES Act Mar. 2, 1936, ch. 112, 49 Stat. 1155, amending act Feb. 10, 1936, ch. 42, 49 Stat. 1106, which repealed sec-